HomeMy WebLinkAbout336 FullerMr. Robert Fuller
R. D. #3
Leechburg, PA 15656
Re: No. 83 -77 -C
Dear Mr. Fuller:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
August 31, 1984
Order No. 336
The State Ethics Commission has received a complaint regarding you and a
possible violation of Act 170 of 1978. The Commission has now completed its
investigation. The individual allegations, conclusions, and findings on which
those conclusions are based are as follows:
1. Allegation: That as a Township Supervisor in Allegheny Township you
accepted wages or payment for working on Township roads when you, in fact, did
not perform said work and that you used your office as Supervisor to obtain
such payment thereby violating Section 3(a) of the Ethics Act, 65 P.S. 403(a'.
A. Findings:
1. You served as a Supervisor in Allegheny Township, Westmoreland County,
at least from January, 1974 to January, 1980.
2. At the annual re- organization meeting on January 3, 1979, you were
appointed as a Township Roadmaster upon a motion by Supervisor Hoak, a second
by Supervisor McCutcheon and a unanimous vote of all Supervisors in which you
participated.
3. At their 1979 organization meeting held January 4, 1979, the Auditors
approved $4.00 per hour for Supervisors working for the Township.
Robert Fuller August 31, 1984
Page 2
4. Township payrolls for the year 1979 show the following:
a. For the two -week period ending January 20, 1979, you were paid for
eight hours work at $4.00 an hour.
b. For the period ending February 3, 1979, you were paid for eight hours
work at $4.00 an hour.
c. For the period ending July 21, 1979, you were paid for eight hours
work at $4.00 an hour.
d. For the period ending September 15, 1979, you were paid for eight
hours at $4.00 each.
5. These payroll reports were signed by Milan Martinisko, Roadmaster, and the
three Supervisors.
6. There is no evidence that you did not perform the work for which you were
paid according to these payroll reports.
B. Discussion: Section 3(a) of the Ethics Act states:
Section 3. Restricted Activities.
(a) No public official or public employee
shall use his public office or any
confidential information received through
his holding public office to obtain
financial gain other than compensation
provided by law for himself, a member of
his immediate family, or a business with
which he is associated. 65 P.S. 403(a).
You were appointed to the Roadmaster position and your pay was fixed for
1979 by the Auditors in accordance with the Township Code. You were paid in
accordance with these approvals. We find no evidence that you did not perform
the work for which you were paid. We find no violation of Section 3(a) of the
Ethics Act. We have also considered these circumstances in light of Section 1
of the Ethics Act and find no appearance of a conflict with the public trust.
Conclusion: You did not violate Section 3(a) of the Ethics Act or create the
appearance of a conflict of interest with the public trust by being paid by
the Township in 1979 because the work and pay rates were approved in
accordance with the Township Code and you performed the work for which you
were paid.
Robert Fuller
Page 3
August 31, 1984
Our files in this case will remain confidential in accordance with
Section 8(a) of the Ethics Act, 65 P.S. 408(a). However, this Order is final
and will be made available as a public document 15 days after service (defined
as mailing) unless you file documentation with the Commission which justifies
reconsideration and /or challenges pertinent factual findings. See 51 Pa. Code
2.38. During this 15 -day period, no one, including the Respondent unless he
waives his right to challenge thisllr2er, may violate this confidentiality by
releasing, discussing or circulating this Order.
Any person who violates the confidentiality of a Commission proceeding
is guilty of a misdemeanor and shall be fined not more than $1,000 or
imprisoned for not more than one year or both, see 65 P.S. 409(e).
HBC /jc
th- Co
rber B. 'o ner
Chairman